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(영문) 인천지방법원 2018.01.18 2017구합50342

사업계획변경승인신청거부처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation.

Reasons

1. Details of the disposition;

A. The Defendant’s supplementary intervenor housing association (hereinafter “participating housing association”) shall be the reconstruction housing association with the authorization of December 27, 2001 for the purpose of newly constructing apartment and neighborhood living facilities (hereinafter “instant project”), and the reconstruction housing association with the authorization of December 27, 2001 for the purpose of constructing new apartment and neighborhood living facilities (hereinafter “instant project”), Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6841, Dec. 30, 2002; hereinafter the same shall apply) and Article 33 of the former Housing Construction Promotion Act (amended by Presidential Decree No. 6841, Dec. 30, 200; hereinafter the same shall apply) and Article 38 of the former Enforcement Decree of the Housing Construction Promotion Act (amended by Presidential Decree No. 17826, Dec. 26, 2002; hereinafter the same shall apply).

Around 202, the Intervenor Mutual Aid Association entered into an implementation construction contract with the Asia Industrial Development Co., Ltd. on the instant project, but the said company did not complete the construction work and suspended the construction work on the ground, and subsequently entered into a re-execution contract with the Guro General Construction Co., Ltd. (hereinafter “ Intervenor”) on March 21, 2006. On April 6, 2006, the Intervenor Mutual Aid Association entered into a re-execution contract with the Defendant’s Intervenor Supplementary Intervenor Mutual Aid Co., Ltd., Ltd. (hereinafter “ Intervenor Co., Ltd.”). On April 6, 2006, the Defendant changed the joint project proprietor and the

B. On the instant land, the Intervenor Company failed to perform construction works more due to aggravation of financial situation, etc. while completing the columns, outer walls, roofs, etc. of reinforced concrete building on the 2nd underground floor and 15th ground-based reinforced concrete building on the instant land. In the process, the Intervenor Company’s instant land owned by the Intervenor Company was subject to provisional attachment by the Intervenor Company’s creditors on June 23, 201. < Amended by Presidential Decree No. 22901, Jun. 23, 2011>